The Christmas Tree Promotion, Research, and Information Order is a provision of the 2014 U.S. Farm Bill that established a U.S. Department of Agriculture

commodity checkoff program In the United States, a commodity checkoff program promotes and provides research and information for a particular agricultural commodity without reference to specific producers or brands. It collects funds through a checkoff mechanism that is ...

for cultivated Christmas trees. The program is funded through a $.15 per tree fee paid by growers. The program creates a marketing program similar to other checkoff programs such as " Got Milk?" or "

Beef. It's What's For Dinner "Beef. It's What's for Dinner" is an American advertising slogan and campaign aimed at promoting the consumption of beef. The ad campaign was launched in 1992 by the National Livestock and Meat Board and is funded by the Beef Checkoff Program wit ...

". The order was briefly implemented by the U.S. Department of Agriculture's Agricultural Marketing Service in November 2011. After a wave of political criticism the rule that established the program was officially stayed before being passed into law over two years later.

Provisions

The Christmas Tree Promotion, Research, and Information Order is the U.S. Department of Agriculture rule establishing the industry-funded promotion, research and information program in support of fresh-cut Christmas trees.Christmas Tree Promotion, Research, and Information Order
, ''

Federal Register The ''Federal Register'' (FR or sometimes Fed. Reg.) is the official journal of the federal government of the United States that contains government agency rules, proposed rules, and public notices. It is published every weekday, except on feder ...

'', Col. 76, No. 216, November 8, 2011, accessed September 26, 2012. The order is what is known in the United States as a

. It was requested by the

Christmas tree A Christmas tree is a decorated tree, usually an evergreen conifer, such as a spruce, pine or fir, or an artificial tree of similar appearance, associated with the celebration of Christmas. The custom was further developed in early modern ...

growing industry as a result of declining numbers in sales and farms nationwide.Tapper, Jake.
Obama Administration to Delay New 15 Cent Christmas Tree Tax
, ''

ABC News ABC News is the news division of the American broadcast network ABC. Its flagship program is the daily evening newscast ''ABC World News Tonight, ABC World News Tonight with David Muir''; other programs include Breakfast television, morning ...

'', November 9, 2011, accessed September 26, 2012. The program is funded by growers and retailers through a $.15 per tree fee; growers that produce less than 500 trees per year are exempted from the fee. The fee was among the program's most publicized provisions.Christmas tree tax to promote the real thing
, ''

Chicago Tribune The ''Chicago Tribune'' is a daily newspaper based in Chicago, Illinois, United States, owned by Tribune Publishing. Founded in 1847, and formerly self-styled as the "World's Greatest Newspaper" (a slogan for which WGN radio and television ar ...

'', November 9, 2011, accessed September 26, 2012. While it is up to individuals whether to pass the fee on to consumers, the

National Christmas Tree Association The National Christmas Tree Association (NCTA) is a professional organization in the United States of over 5,100 "Christmas tree professionals" in various capacities. The group focuses its work into three areas: promotion and research, federal repre ...

(NCTA) stated the order is not expected to affect the retail price of fresh-cut Christmas trees.NCTA Position Statement on New Christmas Tree Checkoff Program
, (press release), ''

'', November 9, 2011, accessed September 26, 2012.U.S. rethinks 'Christmas tree tax' that's not a tax
, '' Agence France Presse'' via

Google News Google News is a news aggregator service developed by Google. It presents a continuous flow of links to articles organized from thousands of publishers and magazines. Google News is available as an app on Android, iOS, and the Web. Google rel ...

, November 9, 2012, accessed September 26, 2012. The program allows farmers to allow the government to implement and oversee the program through a Christmas Tree Promotion Board and the funds collected from assessed trees. The board is made up of producers and importers. At the time the rule was proposed, the USDA had implemented more than 20 similar programs including those responsible for the well-known "

Got Milk Got Milk? (stylized as got milk?) is an American advertising campaign encouraging the consumption of milk and dairy products. Created by the advertising agency Goodby Silverstein & Partners for the California Milk Processor Board in 1993, it w ...

?", " Beef: It's What's for Dinner" and " The Incredible Edible Egg" campaigns.Finz, Stacey.
Christmas tree growers fighting for sales
, ''

San Francisco Chronicle The ''San Francisco Chronicle'' is a newspaper serving primarily the San Francisco Bay Area of Northern California. It was founded in 1865 as ''The Daily Dramatic Chronicle'' by teenage brothers Charles de Young and M. H. de Young, Michael H. de ...

'', November 25, 2011, accessed September 26, 2012. The levy is expected to generate $2 million per year. The program includes a 12-member Christmas Tree Promotion Board that would directs funding from the program to promotion programs and advertising meant to show "a favorable image of Christmas trees to the public." The Christmas tree checkoff program also allows for a referendum among all those who paid the 15 cent per tree assessment after three years.Perkowski, Matuesz.
USDA approves Christmas tree checkoff
, ''

Capital Press ''The Capital Press'' is a weekly agricultural newspaper covering the West Coast of the United States, and published in Salem, Oregon. The newspaper covers farming, ranching and agriculture industries in the Pacific Northwest. The newspaper is ow ...

'', November 7, 2011, accessed September 26, 2012. This referendum was designed to allow producers and importers to terminate, continue, or amend the program. The program also specified that if a fee over 20 cents per tree or under 10 cents per tree it would require the approval of the majority of producers and importers.

History

Between 1991 and 2007 natural, fresh-cut Christmas tree production in the U.S. declined from 37 million to 31 million. Meanwhile, the

artificial Christmas tree An artificial Christmas tree is an artificial pine or fir tree manufactured for the specific purpose of use as a Christmas tree. The earliest artificial Christmas trees were wooden, tree-shaped pyramids or feather trees, both developed by Germans. ...

industry saw it sale increase dramatically between 2003 and 2007. In the five years between the 2002 and 2007 U.S. Department of Agriculture (USDA) Censuses of Agriculture, the number of

Christmas tree farm Christmas tree cultivation is an agricultural, forestry, and horticultural occupation which involves growing pine, spruce, and fir trees specifically for use as Christmas trees. The first Christmas tree farm was established in 1901, but mo ...

s in the United States went from 21,904 to 12,255. Work toward the Christmas Tree Promotion, Research, and Information Order began in April 2008 when a group of farmers and retailers began to study similar programs in agricultural industries of similar size. The group's work included more than 100 meetings across the United States.Christmas tree farmers set the record straight
, ( press release), November 17, 2011, accessed September 26, 2012. Initially, the proposed rule was published in the ''

'' in November 2010, one year before the order was first implemented. Upon the order's initial publication, the USDA requested input in the form of comments from growers, retailers and the general public.Turner, Jimmie.
USDA Seeks Comments on Establishing New Christmas Tree Promotion, Research, and Information Order
, ( press release), November 9, 2010, accessed September 26, 2012.Browning, William.
Christmas Tree Tax Has Roots in 1996 Law
, ''

Yahoo! News Yahoo! News is a news website that originated as an internet-based news aggregator by Yahoo!. The site was created by a Yahoo! software engineer named Brad Clawsie in August 1996. Articles originally came from news services such as the Associate ...

'', November 9, 2011, accessed September 26, 2012. The primary commenting period went from the time the proposed rule was first published, November 8, 2010 until February 7, 2011. After the USDA received several letters from producers, a second commenting period was opened from February 22, 2011 until March 9, 2011.Fobia, Hakim.
USDA Re-opens Comment Period for Proposed Christmas Tree Promotion, Research, and Information Order
, (press release), February 22, 2011, accessed September 26, 2012. During these two comment periods the USDA received 565 comments concerning the proposed rule; 398 supported it, 147 opposed it and the remaining 20 comments fell into some other category. The order was originally published in the ''Federal Register'' on November 8, 2011 and took effect the same day. USDA authority to establish the program came under the Commodity Promotion, Research and Information Act of 1996, a law which also authorized the similar programs in other agricultural industries.Cohn, Alicia M.
USDA backs off Christmas tree tax, will revisit issue
, '' The Hill'', November 9, 2011, accessed September 26, 2012. On the same day the new rule was published in the ''Federal Register'' David S. Addington, writing for

The Heritage Foundation The Heritage Foundation (abbreviated to Heritage) is an American conservative think tank based in Washington, D.C. that is primarily geared toward public policy. The foundation took a leading role in the conservative movement during the presiden ...

's blog, labeled the new rule a "tax" and criticized it in his column.Addington, David S.
Obama Couldn't Wait: His New Christmas Tree Tax
, ''The Foundry''

blog, November 8, 2011, accessed September 26, 2012. Conservative commentators began to attack the proposal, particularly after a link to

's article was featured on

Drudge Report The Drudge Report (stylized as DRUDGE REPORT) is a U.S.-based news aggregation website founded by Matt Drudge, and run with the help of Charles Hurt and Daniel Halper. The site was generally regarded as a conservative publication, though its o ...

, a highly trafficked website.Jackson, David.
Obama team delays Christmas tree fee
, ''

USA Today ''USA Today'' (stylized in all uppercase) is an American daily middle-market newspaper and news broadcasting company. Founded by Al Neuharth on September 15, 1982, the newspaper operates from Gannett's corporate headquarters in Tysons, Virgini ...

, November 9, 2011, accessed September 26, 2012. The moniker "Christmas tree tax" was applied in numerous media outlets. ''

The Wall Street Journal ''The Wall Street Journal'' is an American business-focused, international daily newspaper based in New York City, with international editions also available in Chinese and Japanese. The ''Journal'', along with its Asian editions, is published ...

'' criticized the program as " corporate welfare".About that 'Christmas Tree Tax'
(

editorial An editorial, or leading article (UK) or leader (UK) is an article written by the senior editorial people or publisher of a newspaper, magazine, or any other written document, often unsigned. Australian and major United States newspapers, suc ...

), ''

'', November 14, 2011, accessed September 26, 2012. Despite the criticism the

Obama administration Barack Obama's tenure as the 44th president of the United States began with his first inauguration on January 20, 2009, and ended on January 20, 2017. A Democrat from Illinois, Obama took office following a decisive victory over Republican ...

and the NCTA denied that the program featured a new Christmas tree tax.Reilly, Ryan J.
Tree Farmers Blast 'Sinister' 'Smear' Of 'Obama's Christmas Tree Tax'
, ''TPM Muckraker'' - Talking Points Memo, November 9, 2011, accessed September 26, 2012. In addition, some media outlets, such as Agence France Presse, immediately characterized the program as a "tax that's not a tax". By the end of the day on November 8, the rule was rescinded, officially it was "stayed". The notice concerning the rule's cancellation was published in the ''Federal Register'' on November 17, 2011; the stay took effect that same day.Christmas Tree Promotion, Research, and Information Order; Stay of Regulations
,
pdf
, ''

'', USDA - Agricultural Marketing Service, November 17, 2011, accessed September 26, 2012. ''

'' reported in May 2012 that the U.S. Department of Agriculture had not put a timetable on moving the Christmas tree checkoff program forward. The USDA Agricultural Marketing Service did tell the publication that the program was "under review". One of the Christmas tree farmers who spearheaded efforts to establish the Christmas Tree Promotion, Research, and Information Order stated that she did not expect any action on the program until after the

2012 U.S. presidential election The 2012 United States presidential election was the 57th quadrennial presidential election, held on Tuesday, November 6, 2012. Incumbent Democratic President Barack Obama and his running mate, incumbent Vice President Joe Biden, were re-el ...

. During the summer of 2012 an article posted to USAgNet quoted the director of the NCTA as confirming that there would be no action on the proposal until after the November 2012 election. The July 30 article quoted the NCTA director as stating he had assurances from the current

Secretary of Agriculture The United States secretary of agriculture is the head of the United States Department of Agriculture. The position carries similar responsibilities to those of agriculture ministers in other governments. The department includes several organi ...

that the Christmas Tree Promotion, Research, and Information Order would be "released for implementation" before the end of the year. That meant that no funds would be collected under the checkoff program until at least 2013.Schroeder: Christmas Tree Check-Off Still in the Works
''USAgNet'', July 30, 2012, accessed September 26, 2012. The Christmas Tree Promotion, Research, and Information Order was included as originally published in the Agricultural Act of 2014, more commonly known as the Farm Bill, and passed by Congress on January 29, 2014. The order's inclusion was pushed for by members of the U.S. House of Representatives including Oregon Democrat Kurt Schrader and Wisconsin Republican

Reid Ribble Reid James Ribble (born April 5, 1956) is an American politician who was the U.S. representative for from 2011 to 2017. He is a member of the Republican Party. Early life and education Ribble is a third generation Wisconsin resident. He was bo ...

. Ribble helped negotiate with Republican leaders for the order's inclusion, and though at least one version of the order was rejected it was eventually reworked and added to the Farm Bill without resistance."Perkowski, Mateusz
Christmas tree checkoff gets greenlight
, ''Capital Press'', April 8, 2014, accessed November 18, 2014 An April 2014 press release announced that the U.S. Department of Agriculture created rules as mandated by the Agricultural Act of 2014 that allowed the Christmas check-off program to move forward.As Required by New Farm Bill, USDA to Allow Christmas Tree Research and Promotion Program to Move Forward
", press release, ''

United States Department of Agriculture The United States Department of Agriculture (USDA) is the United States federal executive departments, federal executive department responsible for developing and executing federal laws related to farming, forestry, rural economic development, ...

'', Agricultural Marketing Service, April 4, 2014, accessed November 18, 2014. The department actively began seeking nominations for the Christmas Tree Promotion Board at that time. The rule that officially stayed the program in November 2011 was officially rescinded on April 8, 2014.Rules and Regulations
(pdf), ''Federal Register'', vol. 79, no. 66, p. 18987, April 7, 2014, via USDA Agricultural Marketing Service, accessed November 18, 2014.

Reactions

As stated, when the program was initially enacted many in the media characterized the checkoff program as a "Christmas tree tax". After

criticized the program as a tax, many other media outlets followed. The Obama administration and the NCTA both denied that checkoff programs were taxes. In the aftermath of the "Christmas tree tax" story, other commodity checkoff programs saw their momentum wane. A proposed checkoff program for raspberries, initially expected to be implemented in November 2011, was delayed until the spring of 2012 by the USDA."Perkowski, Mateusz
USDA OKs raspberry checkoff
, ''Capital Press'', May 10, 2012, accessed November 19, 2014. That checkoff program had been approved by 88 percent of "affected" raspberry growers in May 2011.Perkowski, Matuesz.
'Tax' anger stalls proposed checkoffs
, ''Capital Press'', May 4, 2012, accessed September 26, 2012. Though a formal proposal had not been submitted for a

blackberry The blackberry is an edible fruit produced by many species in the genus ''Rubus'' in the family Rosaceae, hybrids among these species within the subgenus ''Rubus'', and hybrids between the subgenera ''Rubus'' and ''Idaeobatus''. The taxonomy of ...

checkoff program, the North American Raspberry and Blackberry Association stated that plans for pursuing one had put on hold due to the negative climate surrounding checkoffs. In 2014, when the rule was finally enacted, the National Christmas Tree Association stated in a press release that they were "pleased". They also noted that the program would be funded by growers and was expected to have no impact on the consumer price of Christmas trees.NCTA Comments on Checkoff Order Implementation
(pdf), press release, February 10, 2014, accessed November 18, 2014.

References

External links

Christmas Tree Promotion, Research, and Information Order
(pdf), U.S. Department of Agriculture, Agricultural Marketing Service, November 8, 2011, accessed November 18, 2014
O Christmas Fee
, ''

Snopes.com ''Snopes'' , formerly known as the ''Urban Legends Reference Pages'', is a fact-checking website. It has been described as a "well-regarded reference for sorting out myths and rumors" on the Internet. The site has also been seen as a source ...

'', November 9, 2011, accessed September 26, 2012 {{Christmas trees Agricultural economics Christmas tree production Commodity checkoff programs United States federal agriculture legislation

Provisions

History

Reactions

References

Further reading

External links